Arizona Laws 5-395.02. Admissibility of breath test or other records
A. The results of a breath test administered for the purpose of determining a person‘s alcohol concentration as defined in section 5-395 are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements:
Terms Used In Arizona Laws 5-395.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Department: means the Arizona game and fish department. See Arizona Laws 5-301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operate: means to operate or be in actual physical control of a watercraft while on public waters. See Arizona Laws 5-301
- Operator: means a person who operates or is in actual physical control of a watercraft. See Arizona Laws 5-301
- Person: includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof. See Arizona Laws 5-301
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The test was performed using a quantitative breath testing device approved by the department of public safety. A properly authenticated certification by the department of public safety or judicial notice of department of public safety rules is sufficient to establish this requirement.
2. The operator who conducted the test possessed a valid permit issued by the department of health services or the department of public safety to operate the device used to conduct the test.
3. Duplicate tests were administered and the test results were within 0.02 alcohol concentration of each other and an operator observed the person charged with the violation for fifteen minutes immediately preceding the administration of the test.
4. The operator who conducted the test followed an operational checklist approved by the department of public safety for the operation of the device used to conduct the test. The testimony of the operator is sufficient to establish this requirement.
5. The device used to conduct the test was in proper operating condition. Records of periodic maintenance that show that the device was in proper operating condition are admissible in any proceeding as prima facie evidence that the device was in proper operating condition at the time of the test. Calibration checks with a standard alcohol concentration solution bracketing each person’s duplicate breath test are one type of records of periodic maintenance that satisfies the requirements of this section. The records are public records.
B. Compliance with subsection A of this section is the only requirement for the admission in evidence of a breath test result.
C. The inability of any person to obtain manufacturer’s schematics and software for a quantitative breath testing device that is approved as prescribed in subsection A of this section shall not affect the admissibility of the results of a breath test pursuant to this section.
D. Records that may be obtained or are otherwise maintained pursuant to section 28-1327 are admissible as evidence in any trial, action or proceeding.